One of our goals since we first imagined Out Scuba was to make sure that we ran a tight ship, following all laws and regulations, and of course keeping everyone as safe as we can. And as active scuba divers, we’ve certainly signed our fair share of liability waivers before diving.
Out Scuba’s first liability waiver was put together based on content from other liability waivers we had been asked to sign, but with the addition of new member Tom Shanahan to the club we asked him to review it for us. Tom has a law practice, Shanahan Law, with offices in New York and Fort Lauderdale. And his edits and comments are certainly worth a blog post.
In addition to incorporating his suggested changes, we asked Tom four questions about liability waivers.
- Why do we need to have a liability waiver? Who does it protect and am I giving away my rights?
“Scuba diving is an inherently dangerous activity. All divers are encouraged to maintain dive insurance through DAN or other reputable companies. Dive insurance is inexpensive and covers not only injuries that occur during dives but often transport to medical treatment,” Shanahan said. “Dive insurance is not mandatory with Out Scuba but highly encouraged. Out Scuba is a not-for-profit and to protect the community we serve and ensure we will be around to bring together LGBTQIA+ divers for many years to come, we ask you sign this waiver. While we take every precaution to ensure a safe dive and experience, we cannot guarantee issues will not arise that are beyond our control or impacted by your health or your own actions. To protect our organization, we ask you to sign this waiver.” - Do I need to read a scuba liability waiver or just sign on the dotted line?
“You should never sign anything without reading it,” according to Shanahan. - Do liability laws work outside of the United States of America?
“Great question. Every country has different laws. Although some countries may not have you sign waivers, unlike the United States, you may not have rights to sue if you are injured,” he said. “The best way to protect yourself anywhere in the world is to purchase your own dive insurance policy. That way, you are protected and know your rights irrespective of the country you are in,” he added. - What should I do if I don’t want to sign a liability waiver?
“Find other hobbies or activities like knitting, meditating or reading. Any organization that sponsors active events including scuba diving will require you to sign a waiver of liability. The choice is yours. However, most dive injuries occur when people act in a reckless manner or attempt dives beyond their skill set. With Out Scuba, you have a community that works together to ensure our dives are as enjoyable and safe as possible. Being part of the Out Scuba community, in and of itself, helps reduce risk for you,” Shanahan said.
You can find the revised liability waiver on our website. In addition to agreeing to its terms when you join Out Scuba, we’ll always ask you to sign a hard copy when you join us on a dive. That being said, we cannot agree more with Tom’s multiple mention of dive accident insurance through reputable organizations like the non-profit Divers Alert Network (DAN).
Wherever you dive, whomever you dive with, remember you are always the foremost authority on your own safety. In Out Scuba we practice the following motto: Any diver can call a dive at any time for any reason, no questions asked.